The Duties and Liabilities of Trustees: Six Lectures Delivered in the Inner Temple During the Hilary Sittings, 1896, at the Request of the Council of Legal Education |
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Common terms and phrases
A. V. DICEY acquiescence action active breach agents allowed assets AUGUSTINE BIRRELL bankers beneficiary benefit bill breach of trust carry cestui que trust Chancery Division Chancery suit co-Trustee committed consent consider course creating the trust creditors Crown 8vo debts deed defendant DUTIES AND LIABILITIES Eastern Counties Railway employed entitled equity executors and Trustees express trusts footing of wilful fraud held Henry CRAIK High Court honest breach improper instigated instrument creating interest investment clauses judges judgment leasehold estate Lecture LIABILITIES OF TRUSTEES liable Lincoln's Inn loan Lord Eldon Lord Justice Lord Northington loss MACMILLAN ment mortgage neglect observed partner passive breach payment plaintiff plead profit prudent real security realisation reason received referred rule Section settlement solicitor Statutes of Limitation Sub-section surveyor or valuer tenant tion title-deeds trade transaction trust estate trust funds trust money Trustee Act unless usually wilful default
Popular passages
Page 107 - ... nor for any banker, broker or other person with whom any trust moneys or securities may be deposited...
Page 87 - Order that the application shall stand over for a certain time, and that the executors and administrators or Trustees, in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the costs of the proceedings.
Page 163 - ... in the like manner and to the like extent as if the claim had been against him in an action of debt for money had and received...
Page 121 - ... anticipation make such order as to the court seems just, for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or...
Page 61 - I called on the Solicitor whom I had employed in the suit lately commenced against me in Chancery ; and here I first saw that foul monster, a Chancery Bill ! A scroll it was of forty-two pages, in large folio, to tell a story which needed not to have taken up forty lines...
Page 68 - Wherever a trustee, or one standing in the relation of a trustee, violates his duty, and deals with the trust estate for his own behoof, the rule is that he shall account to the cestui que trust for all the gain which he has made.
Page 178 - A trustee may appoint a banker or solicitor to be his agent to receive and give a discharge for any money payable to the trustee under or by virtue of a policy of insurance, by permitting the banker or solicitor to have the custody of and to produce the policy of insurance with a receipt signed by the trustee...
Page 75 - Any trustee for the time being hereof being a solicitor or other person engaged in any profession or business shall be entitled to charge...
Page 172 - ... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied...
Page 26 - SC 465. duty of a trustee is not to take such care only as a prudent man would take, if he had only himself to consider ; the duty rather is to take such care as an ordinary prudent man would take, if he were minded to make an investment for the henefit of other people for whom he felt morally bound to provide.